State of Kerala, vs General Manager,

Type Court Judgment Court Kerala Decided Jul 04, 2019

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Citation: sooperkanoon.com/1910252
Court: Kerala High Court
Judge: Honourable Mr.Justice K.Vinod Chandran,Honourable Mr.Justice V.G.Arun
Decided On: Jul 04, 2019
Case Number: WA/1158/2019

Parties & Advocates

Appellant / Petitioner

State of Kerala,

Respondent

General Manager,

Excerpt

.....of the deo, vypin and post a person in ernakulam when there were available headmasters post to which he could have been transferred. the second petitioner was also a headmaster in the school at kurissinkal which position he lost by way of division fall.4. the learned counsel for the writpetitioners, the respondents herein, point out the staff fixation order at ext p2 of kurissinkal school. there was a division fall from the year 2017-2018 which necessitated the petitioner to be reverted from the post of headmaster to lpst. the second petitioner being the senior most in the school, had to continue as teacher- in-charge which the second petitioner was notwa.no.1158 of 2019 4 interested in. it was in such circumstance that the second petitioner was transferred to another uneconomic school, which does not cause any loss to the government, is the specific submission.5. we notice the contention of the learnedsenior government pleader. but however we are of the opinion that the posting of headmaster to the two schools at ernakulam from other lpst's is not objected to by the second petitioner. in that circumstance, the government cannot hold brief of a teacher, who could have raised a claim to the headmaster's post. there is absolutely no financial loss caused to the government since the transfer is from one uneconomic school to another as lpst itself. in the above circumstances, we do not think that there is any reason to cause interference to the judgment of the learned single judge. we reject the appeal. we direct the transfer to be approved within a period of one month from the date of receipt of a copy of this judgment and the arrears ofwa.no.1158 of 2019 5 salary disbursed along with the salary continued in the subsequent months. writ appeal is dismissed with the above directions. no order as to costs. k.vinod chandran, judge v.g.arun, judge cms

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941 WA.No.1158 of 2019 AGAINST THE JUDGMENT IN WP(C) 1784/2019 of HIGH COURT OF KERALA APPELLANTS:

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014. 3 DISTRICT EDUCATIONAL OFFICER, NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM-682305. 4 ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM-689645. 5 ASSISTANT EDUCATIONAL OFFICER, VYPPIN-682509. BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE

RESPONDENTS:

1 GENERAL MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF VERAPOLY, REPRESENTED BY POWER OF ATTORNEY HOLDER, FR. MAICHAEL D'CRUZ, RESIDING AT ST.ALBERTS HIGH SCHOOL CAMPUS, BANERJI ROAD, ERNAKULAM, PIN-682018. 2 THOMAS PETER M.R., LOWER PRIMARY SCHOOL TEACHER, KPLP SCHOOL, PERUMANNOOR, PIN-682032. ADV.SRI.M.A.FAYAZ

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: WA.No.1158 of 2019 2

JUDGMENT

Vinod Chandran, J The appeal is by the Government against the

judgment of the learned Single Judge, which directed

the proposal of transfer of the second respondent, a LPST under an educational agency, to be approved within a period of two weeks and disbursement of salary without delay.

2. The impugned judgment indicate that the

second respondent was transferred from One St.Peter's L.P.School Kurissinkal to KPLP School, Perumanoor. The objection was that KPLP School, Perumanoor, the transferee school, is an uneconomic school. The learned Single Judge found that even the transferee school at Kurissinkal was an uneconomic school and in such circumstance there is no prejudice to the Government.

3. The appeal is filed on the ground that there were two vacancies of Headmaster in another two WA.No.1158 of 2019 3

schools in Ernakulam under the very same corporate agency which is under the AEO, Ernakulam. The Kurissinkal school is under the DEO, Vypin and it is alleged that Ext P4 issued by the DEO, Vypin was never brought to the notice of the AEO at Ernakulam. The attempt is to get approval of the DEO, Vypin and post a person in Ernakulam when there were available Headmasters post to which he could have been transferred. The second petitioner was also a Headmaster in the school at Kurissinkal which position he lost by way of division fall.

4. The learned counsel for the writ

petitioners, the respondents herein, point out the staff fixation order at Ext P2 of Kurissinkal school. There was a division fall from the year 2017-2018 which necessitated the petitioner to be reverted from the post of Headmaster to LPST. The second petitioner being the senior most in the school, had to continue as teacher- in-charge which the second petitioner was not

WA.No.1158 of 2019 4 interested in. It was in such circumstance that the second petitioner was transferred to another uneconomic school, which does not cause any loss to the Government, is the specific submission.

5. We notice the contention of the learned

Senior Government Pleader. But however we are of the opinion that the posting of Headmaster to the two schools at Ernakulam from other LPST's is not objected to by the second petitioner. In that circumstance, the Government cannot hold brief of a teacher, who could have raised a claim to the Headmaster's post. There is absolutely no financial loss caused to the Government since the transfer is from one uneconomic school to another as LPST itself. In the above circumstances, we do not think that there is any reason to cause interference to the judgment of the learned Single Judge. We reject the appeal. We direct the transfer to be approved within a period of one month from the date of receipt of a copy of this judgment and the arrears of

WA.No.1158 of 2019 5 salary disbursed along with the salary continued in the subsequent months. Writ Appeal is dismissed with the above directions. No order as to costs. K.VINOD CHANDRAN, JUDGE V.G.ARUN, JUDGE cms

Same Court & Year Kerala · 2019 Same Parties State of Kerala, vs General Manager, Same Judge Honourable Mr.Justice K.Vinod Chandran,Honourable Mr.Justice ...